US co gets notice for violating trade mark

Written by Indu Bhan | Indu Bhan | New Delhi | Updated: Dec 31 2009, 05:17am hrs
The Supreme Court has sought reply from US-based Austin Nichols & Co and others on a petition by Jagatjit Industries Ltd (JIL) alleging that the former violated its liquor brand sold under Blenders Pridetrademark.

JIL has challenged the Delhi High Court's judgement that cancelled its certificate of registeration for its trademark, which was renewed in January 2004 for 10 years, thus restraining it from marketing or advertising alcoholic beverages or any other allied goods under Blenders Pride trademark.

Besides, the high court had directed the registrar of trademarks to decide the issue related to registration of the Blenders Pride trademark afresh.

While both the companies have claimed exclusive entitlement to the use of trademark, JIL had contended that it had been selling whisky under the trademark 'Blenders Pride' in Punjab since 1993-94, but had temporarily discontinued production thereafter.

Challenging the high court judgement, JIL said that its registration was suspended on totally "erroneous and fallacious interpretation" of relevant statutory provisions and in complete disregard of the principles of law laid down by the apex court in the case of Whirlpool vs Registrar of Trademarks.

A Bench headed by Justice Altamas Kabir recently issued notice to Austin Nichols & Co, a subsidiary of Pernod Richard S A, the Intellectual Property Appellate Board, the Controller General of Patents, Designs and Trademarks.

However, Austin had failed to file its reply till last date of hearing despite being given a last chance by the court. The matter is scheduled to come up for hearing on April 12.